Posted on May 05, 2022 in Divorce

While nobody hopes to get divorced, sometimes a divorce is the inevitable outcome of a relationship that seems unfixable. Unfortunately, not every attorney has the skill, knowledge, or characteristics to give their clients the best experience possible. While divorce can take time and some minor delays, communication mishaps, or billing disputes may be inevitable, if you are seeing behavior from your attorney that makes you question whether they are legitimately capable of representing you, you may want to consider seeking someone new. Here are five signs that it may be time to find a new Illinois divorce lawyer. 

They Seem to Lack Experience or Knowledge of the Law

Sometimes attorneys fresh out of law school can provide clients with outstanding representation; other times, it takes them a few years to cut their teeth. If your attorney cannot answer basic questions, makes mistakes in front of a judge about the application of the law, or generally seems confused about which steps to take next, he or she may not have the experience necessary to provide great services. 

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 Posted on May 03, 2022 in Divorce

By the time an individual or couple decides to get divorced, the relationship has often been over for quite a long time. The decision to get divorced can, therefore, feel like it has a sense of urgency and even couples who are still on good terms usually want to get the process over and done with as soon as possible. If you are a resident of Illinois seeking divorce, you likely have some questions. Is there a waiting period before divorce? And what does the divorce process look like? Read on to find out - then contact a knowledgeable Illinois divorce lawyer to get more detailed answers to your questions.  

Illinois Has No Mandatory Waiting Period For Uncontested Divorce

Some states have a minimum waiting period before divorce to give couples a chance to cool down and consider the implications of a permanent separation more carefully. However, in Illinois, there is no waiting period before the process can start - that is, as long as both parties agree to get divorced. 

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 Posted on April 28, 2022 in Divorce

International travel, global business operations, and wide-scale inward and outward migration mean that, more than ever, couples in Illinois are often made up of one American spouse and one foreign-born spouse. While this may be very romantic in the early stages of a relationship, it can introduce major complications during and after divorce. 

If one parent moved to the United States from another country, he or she may want to return to their country of origin following a divorce. Parents who do this rarely want to leave their children behind. Unfortunately, this creates a situation where nobody ends up happy: The parent from Illinois does not want their children relocated outside the country, while the parent who is not from the U.S. may not have anything tying them to Illinois besides their former spouse. This can lead to ugly and protracted custody disputes over relocation, and, in worse case scenarios, sometimes the spouse from outside the U.S. will try to leave without permission and take the children. 

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 Posted on April 26, 2022 in Divorce

Sometimes divorce is the inevitable end of a relationship and while you may be reconciled to the breakdown of your marriage, certain factors can make getting a divorce more complex. One of these is when a spouse lives in another state or cannot be located. You may be wondering whether it is possible to divorce someone who lives outside of Illinois, or whether you can get divorced at all if you do not know where your spouse is. In this blog, we will answer questions about interstate divorce and divorce by publication. Keep in mind that the only person who can give you legal advice tailored to your situation is an Illinois divorce attorney. 

Can I Divorce Someone Who Lives Outside of Illinois? 

If you have lived in Illinois for at least 90 days, you qualify for Illinois residency and can file for divorce in Illinois even if your spouse lives outside  of Illinois. If you share children, you may need to live in Illinois for at least six months before you can file for divorce which will decide on parental responsibilities and parenting time.

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 Posted on April 21, 2022 in Divorce

Most parents would agree that child support is important for raising children and ensuring they have what they need. However, not all parents agree on the amount or duration of child support payments set by an Illinois court, which may seem arbitrary and unfair. This is especially true for parents who were never married and with whom the child did not share a specific standard of living before a divorce. 

While child support payments are ostensibly based on both parents’ incomes and the time they spend with the child, courts can make mistakes, parents can lie about their income, and other factors - such as pre-existing child support or spousal support orders - can make a new order untenable for the paying parent. If you want to appeal your child support order, whether you are sending or receiving payments, read on. 

Successful Child Support Order Appeals Are Possible, But Rare

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 Posted on April 18, 2022 in Divorce

Couples getting divorced in Illinois face many obstacles and the idea of self-representation throughout the divorce may seem sensible for many reasons. After all, divorce has a reputation for being expensive and time-consuming, and if you can do the relevant research and problem-solve proactively with your spouse, why not just do the legal legwork yourself? Yet even for the most straightforward-seeming divorces, potential complications abound and representing yourself could end up costing you far more time and money than you expect. Here are three good reasons not to represent yourself in your DuPage County Divorce. 

Get Answers to Your Questions and Legal Advice

While you can get the necessary divorce paperwork yourself and find the information you need to fill it out online, when you have questions about interpreting the law, answers can be very difficult to find. Divorce law is sometimes equal parts science and magic, making case law and precedent difficult to understand. Additionally, certain judges have a reputation for ruling in certain ways that could be beneficial or harmful to your case and without an experienced attorney, you will have no way of knowing whether a judge is likely to rule in your favor or approve your divorce agreement. Having an attorney can solve all of these problems and provide on-demand legal assistance whenever necessary. 

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 Posted on April 14, 2022 in Divorce

Divorce can bring significant changes to your finances. Some of these changes - like living with just one income instead of two - are easy to understand, while others may require professional help to prepare for. Those seeking divorce in Illinois frequently wonder whether spousal support and child support are taxable income or tax-deductible. Whether you are paying or receiving support, it is important to understand how these payments are taxed. 

Is Child Support Taxable Income? 

Child support is considered “tax neutral,” meaning it is neither taxable income nor tax-deductible. The parent who is receiving child support does not pay taxes on those payments, and the parent who pays child support cannot deduct the payments from their taxable income. This is because even if parents were not divorced, they would be paying for their children’s needs with their income after taxes are already paid. The only difference is that instead of buying things for your child yourself, you are giving the money to your ex. 

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 Posted on April 12, 2022 in Divorce

One of the most challenging behaviors to deal with during an Illinois divorce is a spouse’s irresponsible financial habits. Although financial disagreements are one of the most common reasons for divorce and many couples are dissatisfied with each other’s spending and saving habits, sometimes reckless financial behavior moves beyond carelessness into something that may be considered “dissipation of marital assets.” If you have heard about dissipation and are wondering whether a dissipation claim may help you in your divorce, read on. 

What is Dissipation? 

Dissipation is common enough in Illinois divorces that the Illinois Supreme Court has given it a specific definition. When a marriage is irretrievably breaking down and one spouse uses marital property such as funds in a savings account or from a home equity line on things unrelated to the marriage, this may be considered dissipation. Simply taking yourself out to lunch when you and your spouse agreed not to eat out is probably not dissipation, however. Common examples of dissipation include excessive gambling, cash gifts given without permission, money spent on an affair, and destroying property. 

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 Posted on April 07, 2022 in Divorce

Dividing marital property is often one of the most difficult issues an Illinois couple must resolve in their divorce. Deciding what to do with shared assets is not easy, especially when asset division involves complex or valuable real estate. Real estate can be of great sentimental value to one or both spouses and when a couple fails to successfully negotiate an asset division settlement themselves and a court intervenes, the results may be deeply dissatisfying. If you are getting divorced and wondering whether a judge has the authority to divide real estate or require property to be sold in order to satisfy a court-ordered divorce decree, read on. 

Marital vs. Personal Property

Illinois is an equitable division state, meaning that marital property is divided fairly rather than 50/50. Determining what is marital property is usually fairly straightforward. Assets acquired during a marriage are marital property; anything owned by one spouse before the marriage remains personal property. Gifts and inheritances usually remain the personal property of the spouse to whom they were given. While for most couples separating personal and marital real estate is not an issue, the process can be complicated by actions like asset commingling or adding a spouse’s name to a real estate title. 

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 Posted on April 05, 2022 in Divorce

Engagement rings are often one of the first major purchases someone makes as part of a committed relationship, and, after a marriage, a wedding ring may remain among the most valuable pieces of property in a home for many years to come. In addition to their sentimental value, people can spend many thousands of dollars on engagement rings and wedding bands; there may understandably be some concern about what happens to wedding and engagement rings in an Illinois divorce when marital property must be divided. 

Is an Engagement Ring Marital Property? 

The first step in dividing a couple’s property during divorce is determining what property is actually subject to division. Couples were individuals with their own belongings before they were married, and although most property acquired during a marriage is considered marital property, certain categories are exempt. These factors make dividing marital property more difficult than it may seem at first glance. 

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